Forums > General Industry > What should I do?

Photographer

Daniel Arouchian

Posts: 185

Montreal, Quebec, Canada

I did a shoot for a business for their school they run.. A few days ago, the owner contacts me to let me know that the pictures I took might be used for advertisement and flyers as well. The problem he never mentioned this before when I quoted a price for the original shoot.

Since Canada changed the law regarding copyrights, I owe the pictures..I know it's not a copyright issue,but can I charge him if he uses my pictures for flyers and advertisement?


Thank you in advance

Jan 13 13 06:52 pm Link

Photographer

Halcyon 7174 NYC

Posts: 20109

New York, New York, US

Did you have a contract with licensing terms spelled out?

Jan 13 13 07:02 pm Link

Photographer

Vector 38

Posts: 8296

Austin, Texas, US

do you have a pretty good understanding of usage rights? and how to bill them?

Jan 13 13 07:09 pm Link

Photographer

Joe Branske

Posts: 411

Chicago, Illinois, US

How did you think the photos were going to be used?

Jan 19 13 10:58 pm Link

Photographer

Vincent Arthur

Posts: 899

Red Bank, New Jersey, US

Why did the owner call you? 

Perhaps he/she wants to know how much more to pay you. 

Perhaps he/she thinks you will be excited to have a tear sheet.

How much more do you want to be paid for the use of the photos on the flyers?

Perhaps you could just as for it.

Jan 20 13 12:46 pm Link

Photographer

Looknsee Photography

Posts: 21658

Portland, Oregon, US

Daniel Arouchian wrote:
I did a shoot for a business for their school they run.. A few days ago, the owner contacts me to let me know that the pictures I took might be used for advertisement and flyers as well. The problem he never mentioned this before when I quoted a price for the original shoot.

Since Canada changed the law regarding copyrights, I owe the pictures..I know it's not a copyright issue,but can I charge him if he uses my pictures for flyers and advertisement?

Thank you in advance

So many thoughts.  Here's some in random order:

...  Did you mean, "I own the pictures"?

...  What did you think they were going to do with the pictures you were paid to
     make?

...  If you were vague during the agreement negotiations, I'd say that any
     misunderstandings that arise after the fact are (at least) 60% yours.  You are
     the photographer, and since you were being paid, you were the professional:
     you should take the lead in documenting your terms.

...  Sure, you can try to charge them more.  They won't like it.  They will tell all
     their friends about you tried to screw them with a "bait & switch" scheme.  You
     will never work for them again.  You will never work with their friends, clients,
     and/or acquaintances ever again.  But you might get a few extra bucks.

...  Next time, get your agreement in writing, and cover the details of their usage
     rights in appropriate detail.

Jan 20 13 05:57 pm Link

Photographer

Andrew Thomas Evans

Posts: 24078

Minneapolis, Minnesota, US

What were the original images for?

Was it a lot of money, or just a little money?





Andrew Thomas Evans
www.andrewthomasevans.com

Jan 20 13 06:01 pm Link

Photographer

Supermodel Photographer

Posts: 3309

Oyster Bay, New York, US

Daniel Arouchian wrote:
Since Canada changed the law regarding copyrights, I owe the pictures.

I'm glad that I'm not in Canada.

Feb 02 13 07:46 am Link

Photographer

JOEL McDONALD

Posts: 608

Portland, Oregon, US

Supermodel Photographer wrote:

I'm glad that I'm not in Canada.

smile

Feb 02 13 07:51 am Link

Photographer

Images by MR

Posts: 7773

Vancouver, British Columbia, Canada

Supermodel Photographer wrote:

I'm glad that I'm not in Canada.

I am too...

Feb 09 13 10:16 pm Link

Photographer

EdwardKristopher

Posts: 3377

Tempe, Arizona, US

Images by MR wrote:

I am too...

:-)

Feb 09 13 10:31 pm Link

Photographer

Herman Surkis

Posts: 8859

Victoria, British Columbia, Canada

Images by MR wrote:

I am too...

you mean Eastern Canada don't you?
Last I heard BC was still part of Canada, but if Harper gets in again, I will join the Secessionist Party.

Feb 09 13 11:22 pm Link

Photographer

RKD Photographic

Posts: 3265

Iserlohn, North Rhine-Westphalia, Germany

Like everyone else says:

What did you think they were going to be used for?
Were you compensated adequately according to your original agreement?
What usage rights did you assign when the client took delivery of the images?

I always make sure I know exactly what the client wants the images for and write those into the Usage Agreement, assigning limited usage according to those terms and for a period appropriate to that.
Say it's an ad campaign - you assign rights for that campaign only and for the duration the client expects the campaign to run. After that all rights revert back to you and if the client wants to use them again, they have to renegotiate.

Or, if the campaign is open-ended - assign perpetual usage rights and charge more.

Feb 10 13 03:50 am Link

Photographer

RedArcStudios

Posts: 36

Nassau, New Providence, Bahamas

Did you mean that the laws in Canada changed after your shoot and agreement were signed?

If you didn't finalize usage earlier before signing it leaves quite a big door open.  You have also released the images which makes it even worse. 

Maybe try to negotiate doing additional work for the school in lew of usage payments on this first shoot. Tighten up your contract with other shoots and keep the customer happy as well as possibly get some referrals.

Feb 10 13 04:38 pm Link